SRC-JRN S.B. 1534 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1534
By: Barrientos
Finance
4-10-97
As Filed


DIGEST 

Currently, low-income families in need of legal assistance may seek aid
from the Texas Legal Services Program.  However, due to cuts in federal
funding from the Legal Services Corporation and cuts in funding from the
Interest on Lawyers Trust Accounts program, the Texas Legal Services
Program may have to reduce the services it offers low-income families.
This bill increases the funds available for basic legal services to the
indigent, and provides increases in existing civil lawsuit filing fees to
be dedicated to funding nonprofit charitable organizations that provide
legal services to low-income Texans. 

PURPOSE

As proposed, S.B. 1534 increases the funds available for basic legal
services to the indigent, and provides increases in existing civil lawsuit
filing fees to be dedicated to funding nonprofit charitable organizations
that provide legal services to low-income Texans. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the supreme court in SECTION 1 (Section
51.902, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 51, Government Code, by adding Subchapter J, as
follows: 

SUBCHAPTER J.  ADDITIONAL FILING FEE FOR BASIC
CIVIL LEGAL SERVICES FOR INDIGENTS

Sec. 51.901. ADDITIONAL FILING FEE FOR BASIC CIVIL LEGAL SERVICES FOR
INDIGENTS.  Requires the clerk of each court to collect certain fees on
the filing of any civil action or proceeding requiring a filing fee,
including an appeal, and on the filing of any counterclaim, cross action,
intervention, interpleader, or third-party action requiring a filing fee,
in addition to other fees authorized or required by law.  Sets forth fees.
Requires fees under this subchapter to be collected in the same manner as
other fees, fines, or costs in the case.  Requires the clerk to send the
fees collected under this subchapter to the comptroller at least as
frequently as monthly.  Requires the comptroller to deposit the fees to
the credit of the basic civil legal services account of the judicial fund
for use in programs approved by the supreme court that provide basic civil
legal services to the indigent.  Defines "family law matters." 

Sec. 51.902. RULES.  Requires the supreme court to adopt rules and
procedures for the distribution of funds under this subchapter.
Authorizes funds to be distributed only to nonprofit organizations that
provide basic civil legal services to persons meeting the income
eligibility requirements established by the supreme court. 

Sec. 51.903. BASIC CIVIL LEGAL SERVICES ACCOUNT.  Provides that the basic
civil legal services account is an account in the judicial fund
administered by the supreme court. Authorizes funds in the basic civil
legal services account to be used only for the support of programs
approved by the supreme court that provide basic civil legal services to
the  indigent.  Authorizes the comptroller to pay money from the account
only on vouchers approved by the supreme court.  Prohibits funds from the
basic civil legal services account from being used to directly or
indirectly support a class action lawsuit or lawsuit against a
governmental entity or for lobbying for or against a candidate or issue,
except as provided by this subsection.  Authorizes funds from the basic
civil legal services account to be used to support a lawsuit against a
governmental entity on behalf of an individual to secure certain
governmental benefits.  Requires the supreme court to file a report with
the Legislative Budget Board at the end of each fiscal year showing
disbursements from the account and the purpose for each disbursement.
Provides that all funds expended are subject to audit by the comptroller
and the state auditor.  Provides that the purpose of this subchapter is to
increase the funds available for basic civil legal services to the
indigent.  Provides that funds available from the basic civil legal
services account may be supplemented by local or federal funds and private
or public grants. 

SECTION 2. Effective date: September 1, 1997.
 Makes application of this Act prospective.

SECTION 3. Emergency clause.